A transitional provision does not apply.
- Definition of a Dependent Child: Use the new definition
- Age Lock-in Date: The age lock-in date is the date on which the CIC received the referral [R25.1 (7)]
- The Impact: Officers can process a child as a dependent if, on the date on which the CIC receives the referral from the principal applicant, the child is:
- Under 19 years of age and single or,
- Aged 19 years or above and dependent on a parent because of a physical or mental condition
- Sample Scenario C
- On October 13, 2014, the CIC received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring a family of three foreign nationals as refugees for resettlement i.e. a parent and two children
- The two children are 20 and 18 years respectively
- The principal applicant submits an Application for Permanent Residence (APR) on March 24, 2015
- The CIC had received both, the refugee referral and the Application for Permanent Residence (APR) after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The officers would not process the elder child’s application as a dependent because the age lock-in date is effective on the date the CIC received the refugee referral for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 20 on the age lock-in date
- The officers would process the younger child’s application as a dependent because the age lock-in date is effective on the date the CIC received the refugee referral for the principal applicant and on that date, the younger child was:
- Under 19 years of age
- Unmarried and,
- Not in a common-law relationship
- In this scenario, the officers could review the circumstances of the case to assess whether they could consider the child’s eligibility for processing under the de facto dependent policy
- Sample Scenario C (with the One-Year Window)
- On October 13, 2014, the CIC received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring a family of three foreign nationals as refugees for resettlement i.e. a parent and two children
- The two children are 20 and 18 years respectively
- The principal applicant submits an Application for Permanent Residence (APR) on March 24, 2015
- The principal applicant becomes a permanent resident on November 10, 2016
- On January 04, 2017, the CIC receives Applications for Permanent Residence (APRs) from both the children of the first applicant under the “One-Year Window” provision for dependents of refugees abroad under R141 (1) (b)
- The CIC had received both, the refugee referral and the Application for Permanent Residence (APR) after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The officers would not process the elder child’s application as a dependent because the age lock-in date is effective on the date the CIC received the refugee referral for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 20 on the age lock-in date
- The officers would process the younger child’s application as a dependent because the age lock-in date is effective on the date the CIC received the refugee referral for the principal applicant and on that date, the younger child was:
- Under 19 years of age
- Unmarried and,
- Not in a common-law relationship
- Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition
Source: Citizenship and Immigration
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